What happens if my spouse removes items from the matrimonial home?

One of the questions I am frequently asked by clients when discussing their Calgary divorce with them is: What happens if my spouse removes items from the matrimonial home? The answer to that question can be found in section 33 of the Matrimonial Property Act. Section 33 states: 33 (1) If proceedings have been commenced under this Act, a spouse who knows or has reason to believe that the proceedings have been commenced shall not (a) dispose of or encumber any household goods, or (b) except in an emergency, remove from the matrimonial home any household goods that are household appliances or household effects or that form part of the household furnishings of that matrimonial home,

How can I obtain an Emergency Protection Order in Calgary?

As a Family Lawyer in Calgary, one of the questions I am frequently asked is: How can I obtain an Emergency Protection Order in Calgary? Unfortunately, the main reason why people contact lawyers to ask such a question is because they have experienced domestic violence. Fortunately, if police are called to deal with such a situation, they will usually recommend to the victim that they obtain an Emergency Protection Order ("EPO") and will assist the victim with obtaining an EPO. However, this is not always the case and frequently victims do not contact the police. An EPO is similar to a Restraining Order. However, while a Restraining Order can not be used to evict the person restrained from

Do I need to use a lawyer to obtain an uncontested divorce in Calgary?

As a divorce lawyer in Calgary, I am frequently asked: Do I need to use a lawyer to obtain an uncontested divorce in Calgary? The answer to that question depends upon what is meant by "uncontested divorce." If the parties have agreed upon issues such as custody and access to the children, child support, whether either party is to claim spousal support and, if so, how much is to be paid and for how long, and how the matrimonial property is to be divided, then they are unlikely to need the assistance of a lawyer to obtain a divorce in Calgary. However, I would certainly suggest that each party consult with a lawyer before agreeing upon the final paperwork just to ensure that nothing has been

What exemptions can be claimed when dividing matrimonial property during a divorce?

One of the frequent questions that clients ask Calgary divorce lawyers when they are going through a divorce is: Does all the property have to be divided equally? Matrimonial property is the property that the parties acquire during the course of the marriage. It is irrelevant whether this property is registered in the sole name of a party, or in the joints names of the parties. Matrimonial property is, in most circumstances, divided equally between the parties. However, certain property is exempt from distribution. Such property is: a) Property acquired by a party prior to the marriage; b) Property acquired by a party by gift from a third party; c) Property acquired by a party by i

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